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Civil Cases
Civil law involves disputes between individuals or groups and usually results in monetary compensation for the injured party.
759 Questions
What does a civil theft suit mean?
Civil theft is a civil action granted to private persons. It is a statutory right, and in Florida it is defined in §812.012, Florida Statutes, as "obtaining or using the property of the Plaintiff by taking or exercising control over property, making that an unauthorized use, disposition, or transfer of property, such conduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception; or other conduct similar in nature. . ."
The statute requires that the aggrieved person must place the accused/potential defendant on notice by providing to him a demand in writing that he make the potential plaintiff whole, or failing so to do litigation will be commenced. The Florida statute provides that if the aggrieved party wins, he is entitled to treble (three-fold) damages and attorneys's fees and costs. Because the statute provides for the trebling of damages and the automatic award of attorneys's fees, punitive damages do not lie.
If charged guilty for a state crime do you have to go to a trial?
Not quite sure what the questioner is asking, but I'll give it a try. If you choose to plead guilty to a state criminal offense, you will not go on trial, however you will attend a sentencing hearing at which the term of your sentence will be announced. If you plead NOT guilty to a state criminal offense, you can choose to be tried by a judge, alone, or by a jury. After hearing all the evidence, both against you and in your favor, the judge and/or jury will make a decision which the judge will announce. If you're found guilty, later on (or some cases immediately) the sentencing hearing will be conducted, and your sentence announced.
What do you do if a civil complaint is filed against you?
You may want to hire an attorney to help you with this complaint. If you do not, you will just have to go to court to get it resolved when you are sent a warrant.
Can you sue if a store won't accept your pennies?
Such a lawsuit would not have merit. Section 31 of the Coinage Act of 1965 states: "United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues." That means that a creditor to whom you are indebted must accept pennies or any other legal United States money. But businesses who are not your creditors have the right to make their own policies about accepting pennies and coins.
If your state has a law requiring business to accept all legal tender of the United States, then you could sue the business for violation of your state's law. In that case, your lawsuit would be legitimate.
The child is almost an adult, it seems a bit late to ask for child support now. By the time this get to court, the point may be moot. However, in some jurisdictions the court will reach back to assess child support.
You need to consult an attorney.
What is the most water resistant type of wood?
Its hard to say which is the most durable. An internet search brings up some good answers. Alder wood is mentioned a few times for its durability underwater due to high oil content. Different continents have different recommendations of wood due to availability in the area.
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Who's fault is it if you get injured on someone else's property?
This is a matter for a court of law to determine (or insurance companies to hassle out). If there was negligence on the part of the property owner then, depending on the circumstances, he could be either be completely liable or partially liable. If there was any contributing factors on the part of injured party they could, again - depending on the circumstances, be found partially liable for contributory negligence
To further emphasize the answer above, to establish fault or negligence in a premises liability claim, the following conditions should be established:
• The amount of control the defendant has on the property and his knowledge about the defect that caused the injury.
• The negligence of the defendant should be established.
• The purpose of the plaintiff -- whether he was there as a invitee, licensee or a trespasser will also be questioned.
Further, any land owner or property possessor will be liable for damages if:
(1) the property owner or possessor owed the injured person a duty of care
(2) the property owner or possessor breached that duty of care or diligence
How do you sue someone internationally?
There are a various ways to sue someone internationally. You can use the embassy in the specific country or go to international courts depending on the nature of your case.
Can an attorney who passed the bar in the state of Tennessee practice law in the state of Alabama?
A Tennessee lawyer may not practice law in Alabama, with one exception. Sometimes lawyers from other states are allowed to appear in a court case in another state by being admitted "pro hac vice". This means they are admitted solely for that matter and nothing else. An application must be made to the court for this and special conditions must be met before it will be allowed. When the case is over, his ability to practice in that state is over. Otherwise, the Tennessee lawyer would have to apply to be admitted to the bar of Alabama. Some states require the lawyer to sit for the bar exam, others will look at the lawyer's credentials and admit or not admit him or her the bar.
Can law officials arrest someone for contempt of court outside of the courtroom?
Yes, but only if the court has placed an arrest warrant on said person.
What is a summary of The Open Boat?
The Open Boat is a dramatic short story based on Stephen Crane's own real-life experience, when a ship he was sailing on to Cuba sank in high seas off the coast of Florida. He was a correspondent for an American newspaper and he was on his way to write about problems that led up to The Spanish-American War in 1898.
As the story opens, four men: a cook, a correspondent, an oiler and a captain, are in a lifeboat in stormy seas. They are off the coast of Florida, just after their ship has sunk. Soon, they spot the light of a lighthouse somewhere in the distance, so they know they are near land. Although they can eventually see the shore, the waves are so big that it is too dangerous to try to take the boat in to land. The waves will destroy the lifeboat and possibly crash hard on the men in the surf, maybe killing them.
People on the shore see the lifeboat and try to signal to the men to come in, but the sea is just too rough. The four men in the boat hope that the people on land will send a bigger boat out to rescue them, but that does not happen. Instead, the men are forced to take the boat further out to sea, where the waves are not quite as big and dangerous. They spend a total of two nights in thelifeboat and take turns rowing and thenresting. They are not sure if they will survive and they have exchanged addresses in case any of them should die.
On the morning after their second night, the men are weak and no fishing boat has come to rescue them. The captain decides that they must try to take the lifeboat as close to shore as possible and then be ready to swim when the surf inevitably turns the boat over and throws the men into the cold sea. This is exactly what happens. As they get closer to land, the waves get bigger and bigger. Just as they expect, a big wave comes and all the men are thrown into the sea. The lifeboat turns over and the four men must swim into shore. There are rescuers waiting on shore who help the men out of the water.
Strangely, as the cook, captain and correspondent reach the shore safely and are helped out of the water, they discover that, somehow, the oiler, the strongest man and best swimmer, has drowned after being smashed in the surf by a huge wave. As night comes, the men still hear the pounding of the waves on the shore - the voice of the sea. Now, they understand the power of the sea, and how easily it can claimeven the strongest man's life.
You need to get checked by your Gynae Dr incase you have a prolapsed uterus.
Which Federal Rule of Civil Procedure governs the filing of class-action lawsuits?
Federal Rule of Civil Procedure § 23 is the general rule for class-action lawsuits, and § 19 (d) is the exception for Class Action lawsuits to required joinder of parties.
Can a person get into legal trouble for lying to their partner about being pregnant?
No but possibly if you asked him to pay for things regarding the "pregnancy". Then you owe him the money.
If your criminal case was dropped can you sue the City Of New York?
No, sorry. The courts have immunity from being sued. Also, the fact that your case was dropped doesn't mean it was originally brought in bad faith, only that prosecutors decided not to bring it to trial for x-reason.
What court hears cases in which one state sues a resident in another state?
If a state has a claim against a citizen of another state, the case will most likely be heard in the court system of the complaining state, unless the matter is criminal in nature, in which case the defendant (and only the defendant) may have the case removed to federal court.
If the suit involves citizens of two different states, certain torts may be heard in the plaintiff's state court under "long-arm jurisdiction," while civil cases involving amounts of $75,000 or more may be heard in US District Court under federal "diversity jurisdiction."
There may be instances in which none of the above apply.
How to file a response to creditor lawsuit in Texas?
This question regards filing and official answer to a law suit. The defendant will file answers to each charge citing a defense such as statute of limitation, fraud, etc. In turn the next step will be discovery and presenting of evidence by each side for review.
What paperwork comes with visitation rights?
Visitation rights are set forth in a court order of the family court. You can obtain a copy by visiting the court.
Visitation rights are set forth in a court order of the family court. You can obtain a copy by visiting the court.
Visitation rights are set forth in a court order of the family court. You can obtain a copy by visiting the court.
Visitation rights are set forth in a court order of the family court. You can obtain a copy by visiting the court.
Can an incidental beneficiary sue directly to enforce a promisor's promise?
Simply, No.
Here is my reference.
http://books.google.com/books?id=P0MWAAAAYAAJ&pg=PA193&lpg=PA193&dq=can+incidental+beneficiay+sue&source=bl&ots=rgGCZsfz3F&sig=JjMZtYRwVVc_vGP-tRKnmbFxmi0&hl=en&ei=siTASsb2N4PZ8AaeuoisAQ&sa=X&oi=book_result&ct=result&resnum=4#v=onepage&q=&f=false
There are many factors to be determined.
- Did the hospital or a hospital worker slam the door on your finger? Maybe.
- Was it an automatic door? Perhaps.
- Was the door operating improperly? Probably
- Where you doing something you shouldn't have been doing? (Such as trying to catch a door from closing so you could get in when you didn't have access.) Probably not.
Doors are everywhere and as long as it was working as a door is expected to work, it isn't their fault that your hand got in the way. You would have to consult an attorney in your area to determine if there is liability.
Can you file a civil suit on some one who sold you property with a lean on it?
This depends on the laws of your state. It could be that you were obligated to check the record for liens yourself. You definitely need an attorney.
